you're watching cbs 5 eyewitness news in high- definition. good evening.

we begin with breaking news. it is slow-going traffic on highway 101 in the peninsula following a shooting. a crash involving an apparent shooting victim was reported in the southbound lane. around 3:30 this afternoon. this is near the holly street exit in san carlos. the car was seen swerving before it went off of the highway. several lanes remain blocked. investigators are not sure when they will reopen the highway. also happening right now, crews are searching for fisherman lost at sea after their boat capsized. it happened at pigeon point. now, just south of pascedaro. we have more on what happened and the latest on the search, john? >> reporter: as we under stand it, at 5:30 this morning, four men in a boat at candlestick marina, headed out from the golden gate, two miles of pigeon point. at that point, something happened. a rogue wave hit the boat and

knocked four men into the water. two of them were wearing life vests and two were not. the sheriff's sergeant john gonzalez has more. >> the problem was a delay in the search. it happened at 10:00 but one of the subjects self-rescued and was able to crawl and make his way up to this farmhouse where we are at right now and call 911. an hour delay. the boat was pretty much right on the shoreline. not that far. maybe out 50 yards or something like that. and, so, that was how the two made it to shore. one was -- it went to shore and suffered hypothermia, the other subject made it up here to the farmhouse. >> reporter: so, that is two men in the hospital and two men still missing at sea. the coast guard is searching along with other agents all day. we understand that even at this hour there is a aircraft over the ocean and a helicopter. the 130 will drop theirs into the ocean watching which way the tides are carrying the flairs and aiding them in the search. the search will continue until dark and nobody is giving up hope at this ponent. two men are missing at sea and

do not have life vests. ann? >> thank you. well, the calendar says fall but some parts of the bay area felt like summer today. the temperatures sored into the 90s and one city saw triple digits. the kids at the soccer match were trying to keep cool one vendor was really sweating it out. >> it is hot outside. so, it is not a fall-like weather day. >> not what you expect approximated for the fall classic. >> no, no. over here they sell sweat shirts and it is a t-shirt sign right now. let's check in with how hot it will get. >> a brand-new record set today in livermore, 100 degrees. shattered the old record established in 1952. good evening. let's share with you the highs across the bay area, today, 80 at the beach in pacificca. 84 degree fist san francisco, that is 22 degrees warmer than it was yesterday at this hour.

triple digits livermore, san skwroes a upping the average high, 82, i know what you want to know. tomorrow's highs. because it will be a hotter day tomorrow than what we experienced today. all of the way back up to 80 along the coast, 90s peninsula, 98 degrees morgan hill. east bay will climb all of the way up to 100 degrees in the hottest locations, recollect wise, north of the bay, talking 98 in santa rosa. we will pinpoint the neighborhood forecast. that is coming up later in the program. >> thanks. well, a new poll shows that californians are reluctant to abolish the death penalty. the los angeles times poll shows 38% of voters favor getting rid of it and 51% want to keep t. however, that gap narrows when voters are told the ballot issue will require convicted killers to work in prison and give their earnings to victim's families.

we have more on the challenge facing both sides to make their point. >> right now, death row inmates sit in private cells, watching tv, talking to their lawyers, prop 34 putting an end to that and puts them to work. >> reporter: but makes them no longer death row inmates. sentencing them to life if prison without the possibility of parole. it also requires every person convicted of murder to work in prison and pay restitution to the victim's families. representatives from both sides spoke on cbs 5 eyewitness this morning. >> i think when i read the cases of the people who are on death row it is stunning in the evil we are looking at. >> reporter: steve is the district attorney for san mateo county. he is antiprop 34. >> there needs to be, in our society, some difference between people who commit more evil murders than others. >> reporter: but, statistics show that the punishment meant for the worst of the worst is not carried out. while california has more than 700 inmates on death row, only

13 have actually been put to death since capitol punishment was written in the constitution in 1972. >> that means the death penalty is a false promis for victims. 99% of the time we have lied to victims when we said we were going to carry out an execution. all we have done is drag them through decades of appeal. >> reporter: costly appeals. some say the state could save $130 million each year with prop 34. but, he says that the factors gumming up the system that puts a stop to all executions since 2006 can be overcome. >> i do believe that if there is the political will, if our leaders will step up and do the right thing and work with everybody on all sides and say let's -- here is what will be done to make this better, then, we can have a viable death penalty. >> our mission is to get to those 13% undecided and explain to them the facts. life without parole is a better choice for everyone.

>> the proposition is not a statistical heat in the poll with a no showing a slight lead. in the news room, cbs 5. >> the measure that would ease california's tough 3 strike law is finding strong support. easing penalties when the 3rd strike is something minor like shoplifting. the los angeles times poll shows 66% are in favor and only 20% are opposed. 14% are still undecided. gay rights activists are expected to protest the insulation of the archbishop this week. oakland's bishop will take over the poe seugz this thursday. he was a key driving force behind prop 8 which banned gay marriage thought the state. parishioners say he will be welcomed at most catholic church in the castro district. >> hopefully by attending services here he will see how important this church is and what it does. there are a lot of elements in

the kagtic church that hold that position, a place like this challenges that on its own level. >> last month the bishop was arrest inside san diego and charged with drunk driving and he later apologized. former governor, schwarzenegger, is talking to "60 minutes" about politics, affairs and gay marriage. schwarzenegger admits to performing same sex weddings for two of his former staff members at the governor's office but he still will not say he is for gay marriage. >> i always said to them i have nothing against people doing what they want to do. if the couple wants to get married they should get married. i personally said a marriage is between a man and a woman but i would never enforce my will on people. i want people to make that decision. if they want to get married they should get married. >> you can watch all of the former governor's interview on "60 minutes" tonight after this newscast at 7:00. checking bay area headlines, san jose police are

investigating the city's first homicide since august. overnight drawl involving dozens of people on bernel road left one person dead. the trial of the woman accused of killing a nursing student begins tomorrow. she is charged with murdering 26-year-old michelle leigh in a dispute over a boyfriend. she disappeared from the hospital last may. her body was found in a remote area four months later. a bad accident in san francisco embarcadero sent two women to the hospital. the car they were riding in collided with a second at battery and green streets at 9:00 a.m. their car flipped over and rescue crew his to cut them out of the wreckage. they had to investigate if one of the cars was going the wrong

way. open world starts today at san francisco mosconi ascenter. 59 want to see the latest technology they have to offer. >> understand the products that we use f. we don't know their plans we can not adapt to them in a timely fashion. you can have to keep current not just on old stuff. oracle makes software that does credit card to airline and hotel reservations, oracle world runs through thursday. another ban, not just grocery shoppers who will byob. walking for a cause while making a point. why a grass-roots

vo: for years, sacramento politicians have chopped away funds for our schools. today, we're forty-seventh out of fifty in per-pupil funding. now these politicians say unless we send more tax dollars to sacramento, they'll cut education again. here's a new approach. prop thirty-eight sends billions in new education dollars straight to our local schools, and guarantees the politicians can't touch it. thirty-eight will restore the education cuts from sacramento. so remember this number.

attention san francisco shoppers, bring your own bag or it will cost you. starting tomorrow a citywide ordinance banning the use of plastic bags will go into effect for all retail stores. currently the ban only effects large super markets and pharmacies. don't have a bag? well, you will be charged 10

cents for every paper bag that you need. >> i think that we should pay for the damage that we are doing out there in the environment. if we can have the two second thought, i have a bag to reuse and that is great. >> the city will hand out free reusable bags at more than 50 events across the city during october and november. well, just last year there was talk of drastic service cuts, now, cal trains is adding trains to meet demand. starting tomorrow, new trains will be add in. ridership hit a new high in june leading to the expansion. a small grass roots breast cancer walk sent a powerful message. 30 people walked today on the 2nd day of the immediate impact breast cancer walk. the idea began in march as a response to the controversy over a national group, susan

g.komen for the cure which refused funding for planned parenthood. they designed to walk for a local group instead. >> i think that they have lots of people to answer to and we just decided that it was -- we wanted to direct our attention locally instead of getting confused in the big national political conversation. >> so far the group raised $93,000 and are confident they will reach their goal of $100,000 by the time the 3-day walk ends tomorrow. from the cbs 5 weather center, good evening, everybody. we had record here here today. -- heat here today. that is nothing. we will ,,,,,,,,,,,,,,,,,,

welcome back. good evening, everybody. we had highs from 64 at half- moon bay to 100 degrees at livermore and today, notable numbers in and around our microclimates. 84 in san francisco, up from yesterday at 62 degrees. 90 in san jose to the south, to the north, 97 degrees in santa rose a. triple digits in fairfield. right now, the coast is clear. sanfrancisco at 73 degrees. and, nonexistent wind. meanwhile, redwood city, 90, santa rosa, looking out towards mount deablo. the humidity went down to 15%. and today it is not even the hottest day.

still, miniy heat wave. it will be tomorrow. then, we start to so a cooling trend by thursday into friday. tonight, overnight, with that full harvest moon, numbers into the 50s. cooling off because we have longer overnight hours. meanwhile, records to beat as we forge ahead to our monday. it looks like santa rose a no way. not even san francisco. but, livermore can get close. oakland can see record high temperatures tomorrow and san jose the record, 98, still out of reach. we still had a huge dome of high pressure. in control, producing the flow. it does translate into record heat but it is all dry conditions because the winds are coming in from the inland areas out towards the beaches. that is the flow. pretty much on the flat side, 5- 10. never the less, humidity into the teens, not even single digits well inland. 60 to 80 through montero beaches all of the way into ocean beach as well.

80 degrees san mateo. morgan hill, gilroy, through the valley. 103 for the outside number, east of the bay. the closer you get to the bay waters, 90s throughout napa and vallejo, american canyon, 98 in santa rose a. the extended -- rosa. the extended forecast, spare your air day for monday. meanwhile it being radios like we will have gradual cooling on tuesday. seasonal conditions by the end of the workweek. that is your pinpoint forecast. then, talking about my a's, will you? >> i doll that. if you stay inside all day like me either you need a life or you love sports. can the you. we know you. we know you have to rise early... and work late, with not enough sleep in between. how you sometimes need to get over to that exit, like, right now. and how things aren't... just about you anymore. introducing the all-new, smart-sensing...

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♪ wells fargo. together we'll go far. after last week's performance, the 49ers needed what one player called, a statement game. loud and clear today against new york. the head coach used to be as big as tony but he lost 100 pounds. scoreless, 2nd quarter, opening the playbook. coming in from 7 yards out. 7-0, san francisco. it was 10-0, 49ers, in the 3rd quarter. jet's quarterback, horrible. ray mcdonald, tips his hat. coming up with the interception. sanchez had just 103 yards in the game and never found a rhythm today but new york was able to stay in the game thanks, in part, to two missed field goals by acres. so, the lead remained 10-0. on 4th down, 9ers go for it.

gore, takes it in. that is 17-0 and there is your game. the 3rd touchdown of the season. here is a bizarre touchdown. holmes made the catch but went down with a knee injury. so, instead of falling on the ball he nipped it to rogers, thank you very much, four turn overs -- tipped it to rogers, thank you very much. four turnovers, players said at the end of the game that is more like it, that is according to the coach. >> the players said "more like it" what did they mean by that? >> that is what they said. >> i understand they said that do you know what it meant? >> that's more like it? i think -- >> more like it than what? >> that's more like it! they are pleased with themselves, job well done, that is the way i took it. [ laughter ] >> classic response. what does more like it mean? the raiders won it 4 straight in denver. they were looking to make it 5 after last week's thriller over

the steelers. opening drive, peyton manning, boy, it does not look like he lost any arm strength to me. 22 yards scored. 7-0 broncos. raiders down 10-3. palmer, to moore, look at the huge tackle right there. it saved the touchdown, raiders going 10-6 at the half. the 3rd quarter, it all fell apart. manning, to decker. wide open. 17 yards scored. manning over 300 yards and three touchdowns on the afternoon. the second half was a debacle. chain, blocked by david booten. you can not blame the long snapper on that one. the tight end, meyers, did not make the block. willis, coming in from two yards out. he ran for 112. denver had 504 yards offense. outscored the raiders, 27-0. 37- 6 is the final. raiders now 1-3. >> obviously, no matter what happened in the game, i did not do enough in the game to get us the win.

none of that matters, and, i mean, the only positive possible in this game is that we can have the game. and, we can show what we can do against the team and every other team. >> we were determined at halftime to come out and finish some of the drives that we have started. getting more touchdowns on the board. that is what we did. it was encouraging to see. >> the raiders hit the bye-week now. >> if you have not caught a fever you are a giants fan or not human. now, a possible shot at the division title. tommy, trying to add to his rookie record of 13 wins, bottom 1, that will be a fair ball. the triple. coming around to score. they put up 2 runs in the 1st inning. 8th inning, the game is tied at 2. the missile crisis strikes again. if it is fair it is gone. you can tell it good-bye. the 23rd home run of the year put the a's up 3-2. two batters later. josh, if it is fair it is gone.

you can tell it good-bye. the 3rd in the last few games. the rangers and angels currently playing a second game of a doubleheader. the standings are going to change. the a's could catch him. they come to oakland tomorrow. strap in, folks, it will be crazy. in contrast, the giants looking like a team waiting for the play offs to start. 9th inning, san diego, former padre out of here. solo shot. that is the 1st home run given up by san diego closer houston street this year. two batters later he gives up the 2nd. giants scored 5 unanswered runs and win 7-5. and a shocker in golf. europeans comeback and they stung the united states t. is over. >> yes. a lot of that, talk about it in game day. >> i have is a reporter with the athletics, one with

stpraoeupbers and one 49ers and one with the raiders. >> we will show you a new approach to get rid of a headache and his patients say it works. that story and more tonight at 11:00. that will do it for this edition of eyewitness news "60 minutes" is next. arnold schwarzenegger on

dan hurd: when i was a child, california was a leader in education funding. erika derry: and the fact that california isn't making it a priority frustrates me. dan hurd: i'm ashamed of that, and i don't want this to continue for my daughter. brenda kealing: prop 38 is going to bring a lot of money to our schools. suzan solomon: the money stays at the school site. cade derry: what i would really like to see is that the teachers... that were laid off come back to the school. navaz hurd: a smaller class size. navaz hurd: as a mom i want that. as a teacher i want that.